Kathy Eng asks,
"How do you all feel about the liability insurance needs for those of us NOT
in private practice who occasionally help someone for free. If one does a
free lactation consultation without carrying liability insurance could one
still be sued and they win?"

The short answer (for those of us in the US) is:  Yes, you can be sued, and 
yes, they can win.

The long explanation:  The American jurisprudence system makes it easy to 
initiate a lawsuit -- even a whacky one.   Once filed, the lawsuit takes on 
a life of its own.  You have to spend time and money defending your 
position.  That is why professional liability insurance is so helpful -- it 
buys you the lawyer you need if you get socked with a lawsuit.

"Good Samaritan laws" may provide a defense .... but you still have to spend 
time and money defending your position.  Here's the math:  for about $160 A 
YEAR, a professional liability insurance policy covers your legal costs for 
all those depositions and meetings and court dates.  Without it, if slapped 
with  a lawsuit, you'll be paying your lawyer about $160 AN HOUR for all 
those depositions and meetings and court dates.   And you'd be surprised at 
how quickly a lawyer can legitimately spend 50 or 100 hours researching and 
representing your case.

Now, for the unsolicited ethical commentary:   anyone seeking the pro bono 
assistance of an IBCLC is seeking it *precisely* because s/he is an IBCLC.   
Mom isn't asking the vegetable grocer to give a pro bono consultation ... 
she is asking the IBCLC.

Doing a pro bono consult out of the kindness of your heart doesn't diminish 
your professional responsibilities under the ILCA Standards of Practice and 
IBLCE Code of Ethics one iota.  You still have to get consent, honor 
privacy, and send a report to the HCP.   And if you are acting in a 
professional capacity, even for no money, you'd be well-advised to have 
professional iability insurance.


Liz Brooks, JD, IBCLC
Wyndmoor, PA, USA

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